BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 216
                                                                  Page  1

          Date of Hearing:   June 26, 2013

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                                  Rob Bonta, Chair
                     SB 216 (Beall) - As Amended:  April 29, 2013

           SENATE VOTE  :   38-0
           
          SUBJECT  :   Public employment: salary ranges.

           SUMMARY :   Requires the California Department of Human Resources  
          (CalHR) to address salary compaction for managerial and  
          supervisorial employees and provide data to the Legislature when  
          insufficient revenue is available to implement a salary  
          determination to increase managerial and supervisorial salaries  
          by 10% over the salaries of their subordinate rank and file  
          employees.  Specifically,  this bill  :

          1)Makes findings and declarations regarding the roll of CalHR in  
            setting salaries for excluded employees and managing the  
            non-merit aspects of the state's personnel system, and  
            declares that CalHR is unable or reluctant to recommend  
            appropriate salary increases for excluded employees when there  
            is no legislative appropriation to pay for the increases, and  
            in such cases defers to the Department of Finance even though  
            the Department of Finance has no direct role in establishing  
            or recommending salaries for excluded employees.

          2)Requires CalHR to address salary compaction and parity  
            concerns consistent with the principle that it is appropriate  
            to provide managerial/supervisory employees a salary at least  
            10% higher than the salary of rank and file employees they  
            supervise.

          3)Requires CalHR to provide the Legislature with data on salary  
            compaction as specified whenever the department determines  
            there is insufficient revenue to fund a salary determination  
            to increase managerial/supervisorial salaries pursuant to the  
            state's compaction differential policy.

           EXISTING LAW  :

          1)Effective July 1, 2012, merged the Department of Personnel  
            Administration and the administrative functions of the State  








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            Personnel Board to form CalHR, which among other duties serves  
            as the representative for the Governor in all state collective  
            bargaining activities.

          2)Requires that CalHR and each of the state's 21 collective  
            bargaining units meet and confer and enter into contracts over  
            wages and working conditions for represented employees.

          3)Requires that CalHR set salaries for excluded and exempt  
            employees, and allows excluded employee representatives to  
            meet and confer with CalHR, but does not otherwise make the  
            state employer or excluded employees subject to collective  
            bargaining requirements.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, "CalHR estimates costs of approximately $200,000 for  
          2 Personnel Years to compile and analyze the data (General).   
          Additionally, there will be unknown costs associated with salary  
          increases that may result from addressing compaction.  A 1%  
          increase in the salaries of supervisors and managers would cost  
          approximately $35- $40 million.

           COMMENTS  :  Salary compaction and parity are significant issues  
          facing the state in compensating management employees.  Salary  
          compaction occurs when the salaries of subordinate employees  
          approach, and in some cases exceed, the salary of their  
          supervisors.  State policy is that supervisory and managerial  
          employees receive salaries 10% above the pay of the classes they  
          supervise.

          The CalHR is responsible for setting the salaries of exempt and  
          excluded state employees.  There is no statutory requirement to  
          extend a pay package that was bargained for represented  
          employees to related excluded employees.

          According to the author, "CalHR sets salaries for  
          non-represented employees.  However, due to state budget  
          pressures in the preceding decade, supervisory salaries have not  
          kept pace in many cases with salaries for rank-and-file  
          employees who benefit from overtime and collectively bargained  
          pay increases, for which supervisors are not eligible.  Salary  
          compaction occurs when non-represented employees make the same  
          or less than those they supervise.

          "This discrepancy creates problems by dis-incentivizing good  








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          managerial candidates from promoting.  A management level  
          position can result in added stress and the loss of overtime and  
          collective bargaining privileges.  In some cases supervisors and  
          managers demote back to rank-and-file positions after a period  
          of time as a supervisor or manager because the minor pay  
          difference does not sufficiently compensate for the added stress  
          and workload."

          The author concludes, "A strong state workforce is critical to  
          ensuring effective and necessary services to California's  
          citizens and visitors.  This bill attempts to address this very  
          real problem in a meaningful way."

          The Association of California Supervisors states that "after  
          years of cuts to state employees, supervisors, managers, and  
          confidential employees now often make less than the employees  
          who work for them.  In fact, according to a recent survey, 43%  
          of state supervisors and managers earn the same or less than the  
          employees who report to them."

          According to the California Correctional Supervisor  
          Organization, "Compaction issues, left unaddressed, create a  
          disincentive for qualified line officers to seek promotion.   
          This in turn, weakens the structure of the entire organization."











           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of California State Supervisors (Sponsor)
          California Association of Professional Scientists (Co-sponsor)
          Professional Engineers in California Government (Co-sponsor)
          California Statewide law Enforcement Association

           Opposition 








                                                                 SB 216
                                                                  Page  4

           
          None on file

           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957